THE K PACKET
U.S. immigration law requires that all K nonimmigrant visa applicants establish that they are not likely to become a public charge. Petitioners in K visa cases are generally expected to provide the adequacy of their own financial resources to ensure that applicants, after admission into the United States, will not become primarily dependent on the U.S. Government for subsistence.
While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, joint sponsors in nonimmigrant visa cases are not legally bound to address the financial needs of the applicant and are, therefore, not always sufficiently credible to overcome the public charge provisions of Section 212(a)(4) of the Immigration and Nationality Act. For this reason, petitioners should be able to demonstrate their ability to maintain an income of at least 100% of the federal poverty guidelines for their prospective household sizes.
For the consular officer to be able to evaluate the ability of the petitioner to financially support the applicant in the U.S., an I-134 Affidavit of Support should be submitted together with a copy of the petitioner’s most recent federal income tax return (Form 1040) and wage statements (W2). If the petitioner is unable to provide a Form 1040, he/she must submit other credible evidence of assets to meet the federal poverty guidelines. Such assets could include bank accounts, stock, personal property, real estate, and non-taxable sources of income such as Social Security payments, which should be available in the U.S. for the applicant’s support and must be readily convertible to cash within one year.
For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website.
For more information about the Form 1040 and W2s, see our recent post.